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Judges may opt for house arrest as an alternative to imprisonment as part of a significant review of sentencing designed to alleviate the crisis in English and Welsh prisons.
Under the leadership of David Gauke, the former Conservative justice secretary, the review will consider “tough alternatives to custody” in order to tackle overcrowding in prisons and prevent any future government from being forced to release prisoners in emergency situations.
The review was announced by the Ministry of Justice on Tuesday, the same day that approximately 1,100 prisoners will be released under emergency measures to create more space in cells.
The early release scheme was introduced by the Labour government after taking office in July, inheriting a prison system that was described by Justice Secretary Shabana Mahmood as being “on the verge of collapse.”
Around 1,700 inmates were released on September 10 under the policy, which reduces the time served for certain offenders, excluding those serving sentences of four years or more for violent and sexual offenses, from 50 to 40 percent of their sentences.
The new wave of releases will include inmates serving more than five years in prison. The initial phase only applied to those serving sentences of less than five years.
The Ministry of Justice stated that Gauke would investigate the use of technology to place criminals in a “prison outside prison” to prevent jails from reaching crisis point again.
This could potentially allow judges to impose home detention curfews as an alternative to prison at the time of sentencing. Currently, home detention is only used for prisoners released on parole from jail.
“I believe in punishment. I believe in prison, but I also believe that we must expand the range of punishments we utilize. Those prisoners who earn the opportunity to turn their lives around should be encouraged to do so,” Mahmood stated.
She added that the review would ensure that “there is always a cell waiting for dangerous offenders.”
Gauke, who will present his findings next year, stated that he would explore ways to transition the justice system towards a more sustainable future.
“Clearly, our prisons are not effective. The prison population is increasing by approximately 4,500 individuals each year, and nearly 90 percent of those sentenced to custody reoffend,” he remarked.
The prison population in England and Wales has roughly doubled over the past 30 years to 87,000, as successive governments have introduced longer sentences.
Conditions in prisons have deteriorated steadily over this period, with the independent prison inspectorate warning in recent reports of escalating levels of drug use, violence, and failing rehabilitation.
The Ministry of Justice has committed to constructing an additional 14,000 prison spaces in England and Wales, up from 87,900 in July. Mahmood has suggested that the number of women being incarcerated could also be significantly reduced.
Charities welcomed the launch of the review, indicating a recognition that the government cannot construct its way out of the crisis.
Both short sentences, which prison charities have long argued are often counterproductive, and longer sentences for more serious offenses, will be scrutinized in the review.
“We hope that the government will acknowledge that in order to have a secure and sustainable prison system, sentencing must be aligned with the available resources,” stated Andrew Neilson, campaigns director at the Howard League for Penal Reform, an organization advocating for changes to the prison system.
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He added that there is a quantitative crisis in prisons due to the pressure on cell space, but there is also a “qualitative” crisis due to the erosion of rehabilitation and training behind bars.
Overall, approximately 5,500 inmates are expected to be released under the emergency measures. However, due to an influx of around 400 new inmates following summer riots, the Prison Governors’ Association has stated that the early release program will only provide the government with about a year’s grace period.
Mark Day, deputy director of the Prison Reform Trust, referred to the review as “a crucial opportunity to reset decades of failed penal policy-making.”